A federal judge tossed a convicted robber’s lawsuit after finding he couldn’t prove prison officials were

malicious when they mistakenly told his wife he was infected with HIV, ending his marriage.

Jeffrey Miner, a Bronx native who is serving 16 years at Green Haven Correctional Facility, sued the

state Health and Correction departments and prison health officials for $350,000 after a nurse gave the wrong letter to his wife, Norma Miner Vellon, during an overnight visit in January 2002.

Miner, who has hepatitis C, had agreed to allow health officials to inform his wife about his sexually transmitted disease. But nurse Cathy Metzler accidentally printed out a form letter saying Miner had HIV.

The day after his wife’s visit, Miner seemed upset and refused to leave his cell. He told a guard about

the paperwork mix-up, and said his wife “had become very upset” when she learned he was HIV positive and left the visit early, according to court papers.

That’s when Metzler discovered her mistake, and prison officials wrote Vellon to set the record straight. Five months later, Vellon filed for divorce, on the grounds that her husband had been locked up more than three years.

Miner claims prison officials robbed him of his rights and inflicted cruel and unusual punishment on him.